February 5, 2024
The Honourable Minister Mélanie Joly,
We, the undersigned civil society organizations, are deeply concerned about the legal and humanitarian consequences of Canada’s transfer of weapons systems to the government of Israel. These concerns have only grown following the provisional ruling issued on January 26 by the International Court of Justice (ICJ).
Since the start of Israel’s response to the attack carried out by Hamas on October 7, over 26,000 Palestinians have been killed in Gaza, the majority of them civilians, including more than 10,000 children. The Gaza Strip has been largely devastated, with widespread destruction of homes, schools, hospitals, refugee camps, and essential civilian infrastructure. Experts have concluded that Israel’s bombing campaigns now rank among « the deadliest and most destructive in recent history ».
According to annual data published by Global Affairs Canada, over the past decade, Canada has exported over 140 million Canadian dollars (constant dollars) worth of military goods to Israel, including military aerospace components as well as bombs, missiles, explosives, and related parts. There are serious concerns that some of these weapons may be facilitating Israel’s operation in Gaza. In addition to direct exports, technologies produced in Canada have also been supplied to Israel by first being integrated into systems manufactured in the United States, including components incorporated into the F-35 Joint Strike Fighter, which Israel has used in its aerial campaign over Gaza.
Credible human rights observers, including United Nations officials, have consistently stated that Israel has violated humanitarian and human rights law throughout its operations. The United Nations Secretary-General, António Guterres, has compared the current humanitarian crisis in Gaza to a « collective punishment of the Palestinian people ». Given Israel’s conduct during its ongoing military operation in Gaza, there is a clear and substantial risk that Canadian arms transfers may be used to commit serious violations of international humanitarian law or international human rights law in the context of the conflict. In accordance with the obligations imposed on Canada by the Export and Import Permits Act and the Arms Trade Treaty (ATT), Canadian authorities are therefore required to halt arms transfers and refuse any new export and brokering permits for arms to Israel.
In its provisional ruling on January 26, the ICJ found at least some of South Africa’s allegations of violations of Palestinians’ rights under the Genocide Convention to be « plausible ». This ruling is an additional reason for Canada to halt arms transfers to Israel. All parties to the Genocide Convention, including Canada, have a duty to prevent and not be complicit in one of the most serious internationally wrongful acts. Countries that transfer weapons to another country that may be used to commit war crimes, crimes against humanity, or genocide risk being complicit in these crimes.
In December, the Government of Canada joined the overwhelming majority of UN member states in calling for a ceasefire. Civil society welcomed this call. Today, Canada must take concrete steps to make this ceasefire a reality and put an end to the serious abuses in Gaza: it must comply with its national and international obligations by ceasing to supply weapons systems to Israel.
In recent years, Canadian authorities have taken the initiative to presumptively refuse export and brokering permits for arms to certain countries where there was a substantial risk that these weapons would be misused, including, at times, in Türkiye, Belarus, and Russia. Dozens of other individual arms export permits have been denied since Canada’s accession to the ATT due to the risks posed by the proposed export. Given the massive destruction in Gaza and the deaths of thousands of Palestinian civilians, there is no reason why a similar policy cannot or should not be implemented with respect to Israel.
This call echoes that of major Canadian and global humanitarian organizations urgently requesting a halt to arms transfers to Israel and Palestinian armed groups in order to protect civilians and allow the 2.3 million people in need to access internationally funded humanitarian aid, the only lifeline remaining in Gaza.
Madam Minister, we welcome the fact that Canada has announced its strong support for the ICJ’s « essential role » and its commitment to respect the Court’s decisions in the genocide case brought by South Africa against Israel. However, the Government of Canada cannot both express its support for the ICJ and adhere to its rulings while continuing to arm those whom the ICJ has plausibly accused of genocide. We therefore call on your government to take immediate action by ending arms exports, as well as export and brokering permits, to Israel.
Please accept, Madam Minister, the expression of our respectful consideration.
——
Above Ground
Action Canada for Sexual Health and Rights
Amnesty International Canada Francophone
Amnesty International Canadian Section (English-speaking)
Peace Brigades International – Canada
Canadian Boat to Gaza
Canadian Friends of Sabeel
Canadian Memorial United Church (CMPAC)
Canadians for Justice and Peace in the Middle East (CJPME)
Social Rights Defence Centre
CJPME Saskatoon Chapter
New Brunswick Coalition for Pay Equity
Canadian Council of Muslim Women
Development and Peace – Caritas Canada
Anglican Church of Canada
Evangelical Lutheran Church in Canada
United Church of Canada
The Primate’s World Relief and Development Fund
Human Concern International
Human Rights Watch
Rideau Institute
KAIROS: Canadian Ecumenical Justice Initiatives
Labour Against the Arms Trade
London Chapter, Council of Canadians
Doctors of the World Canada
Mennonite Central Committee Canada
Mennonite Church Canada Palestine-Israel Network
Oxfam Canada
Oxfam-Québec
People for Peace, London
Project Ploughshares
Regina Peace Council
Save the Children Canada
United Network for Justice and Peace in Palestine and Israel (UNJPPI)
Independent Jewish Voices
Women’s Centre for Social Justice [WomenatthecentrE]